Frequently Asked Questions for Code Enforcement

To make a code violation complaint regarding suspected building, zoning, grading, or well & septic issues within unincorporated Sonoma County, please follow the instructions on the Make a Code Compliance Complaint page.

We do not accept anonymous complaints. You may request your name and contact information be kept confidential.

We receive complaints from a number of sources including internal referrals, outside agencies and the general public. When complaints are received from the general public, the information about the person making the complaint is kept confidential. This means your information will not be disclosed unless ordered by a Superior Court judge.

Due to the nature of Tenant-landlord complaints, tenants reporting substandard conditions within their own unit cannot be guaranteed confidentiality, but tenants who report substandard conditions of common areas may be granted confidentiality. However, if the conditions reported by a tenant is an emergency situation, regardless of the locations, the complaint may be accepted anonymously.

The Sonoma County Code imposes mandatory civil penalties for building, zoning, non-storm water discharges, certain health code violations, and other violations. These penalties may be calculated in one of two different ways. When a permit can be issued to legalize a violation, penalties may be imposed up to five (5) to ten (10) times the base permit fee. If the violation cannot be approved or legalized by a permit, you will be given (30) days to cease the unlawful use or demolish the unlawful structure. If you fail to comply, a daily civil penalty may be assessed between $5 per day up to a maximum of $500 per day.

Where you fall within this penalty range is based upon the following:

• The seriousness of the violation.
• Potential harm to human health/safety or the environment.
• The length of time the violation has existed.
• The diligence and cooperation of the property.
• The effect of the violation on other properties.
• The owner's level of responsibility for the violation.

Code Enforcement staff strives to assist the property owner to obtain compliance. If permits are not obtained, a "Notice of Abatement Proceedings" will be recorded against the title of the property. This recorded document serves to notify the public of the violation and may prevent you from selling the property or obtaining refinancing or title insurance on the property.

In addition, the violation may be referred to the Office of the Sonoma County Counsel  for violation abatement to be pursued in Superior Court. This could result in a judgment against you and increased costs and penalties.

The Code Enforcement Division records several types of liens against the title of property. The type of lien is dependent upon the type of violation and the level of abatement. The lien types are:

1. Notice of Abatement Proceedings
   This type of lien does not specify a dollar amount needed to remove the lien. This document is recorded to notify any prospective buyers or lenders that violations exist on the property.
2. Partial Abatement Lien
   This type of lien is recorded when Sonoma County has incurred costs pursuing violation abatement.  This lien serves to notify the public of the abatement costs already incurred.  This may prevent the sale or refinancing of the property or prevent the owner from obtaining title insurance.
3. Supplemental Abatement Lien
   This type of lien is recorded when additional costs are incurred after recording a partial lien.
4. Notice of Lis Pendens
   This is recorded by County Counsel prior to beginning litigation.

These documents remain recorded until the violation has been corrected and costs and penalties are paid.

Civil penalties are mandatory under Section 1-7.1 of the Sonoma County Code, except under the following circumstances:

1. Penalties are not imposed if the owner chooses to demolish the unlawful construction and obtains a demolition permit within 30 days of violation notification.
2. Penalties are not imposed on permits to correct substandard housing conditions if the property owner obtains a repair permit within 30 days of violation notification.
3. If the property owner establishes that
   1. when the property was acquired, the violation existed on the property and,
   2. that he or she had no knowledge of the existence of that violation and
   3. that within 30 days of being notified of a violation, the property owner initiates and pursues with due diligence, violation abatement.
   The property owner can submit property disclosure statements or other documentation to the Code Enforcement Manager and request that he or she be excluded from these penalties based upon being an "innocent purchaser".
4. Self-disclosure within 6 months of acquiring ownership provided the violation was present prior to purchase and no violations of record existed at the time of purchase.

Permit fees are based upon the complexity of the project. Staff will assist you in determining your cost.

If you suspect there is a code violation on another property, you may Make a Code Compliance Complaint and provide this information. A Code Enforcement Inspector will investigate the matter. If a violation is found to exist, the owner will be contacted by letter and required to remove the violation and/or obtain the necessary permits for the abatement.

Under most circumstances you will be required to abate the violation within 30 days. This may involve simply stopping the illegal use or obtaining the necessary permits. Under some circumstances an extension of time may be granted when the property owner is steadily working with their code enforcement inspector to resolve the problem and is making progress.

You can appeal any determination of violation. Your appeal right is included in each notice sent and specifies how long you have to submit an appeal.  Generally, the appeal period is 10 days.  Appeals of some determinations require a fee. We suggest the owner respond in writing immediately to avoid the loss of appeal rights. Once a timely appeal is received, our violation file will be added to the next scheduled abatement hearing or referred to the County Counsel.  If your appeal is denied, you will be responsible for violation abatement and payment of any assessed abatement costs and civil penalties.